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PORT PHILLIP

Newsletter of Port Phillip Conservation Council Inc.

A0020093K Victoria
ABN 46 291 17 191

PP2006A April 2006                 www.vicnet.net.au/~phillip

 

 

 

 

 

Call for a Referendum on Channel Deepening with the 2006 Elections

 

Port Phillip Conservation Council Inc. has written to the Premier of Victoria, Hon. Steve Bracks MLA, requesting that a binding referendum be held in conjunction with the next State election to seek the approval or otherwise of the voters of Victoria on allowing any further deepening of the shipping channels through important parts of The Rip, Port Phillip and Yarra River.

 

Of the two major parties, one - the Australian Labor Party - supports the channel deepening proposal. The other - the Liberal Party - snipes, but fails to propose any alternative policy. This dilemma leaves a specific vote on this major issue as the only way to determine the majority viewpoint of Victorians on it.

 

Mr. Bracks wrote back to Port Phillip Conservation Council Inc. saying, “… While the requirement for referenda to be held in Victoria was introduced by the Constitution (Parliamentary Reform) Act 2003, provisions requiring referenda apply only to “core” provisions, and certain procedural provisions of the Constitution Act 1975. These provisions are outlined in Section 18 of the Act. On the other hand, advisory referenda can be held to determine community opinion on public policy issues. In Victoria there is no legislative framework that sets out the rules for holding advisory referenda. Without such a framework, such referenda are not legally binding and there is no means to ensure the validity of the conduct or result of any advisory referenda held. …”.

 

Port Phillip Conservation Council Inc. replied to the Premier asking, as a matter of urgency, that the Government introduce a bill to provide for binding referenda, and that the channel deepening issue should be subject to such a vote in conjunction with the State elections to be held on 25th November 2006.

 

The bill should be such that the resulting Act, and the legal effect of the result of any referendum decided under it, should be entrenched, with a special majority vote in Parliament, or a further referendum applying to its repeal or amendment, as applies to the Acts Mr Bracks cited.

 

The wording of a referendum question held inexpensively at the same time as the elections in November 2006 could ask voters to decide whether further deepening of the shipping channels in The Rip, Port Phillip, or the lower Yarra River should be made lawful, or be made unlawful.

 

We also reminded the Premier that as his Government controls both houses of the Parliament, and as it surely has full faith and confidence in Victoria’s voters, no impediment exists to its having such a bill passed. Readers might wish to write to their own State MPs in both houses, and to the Premier, on this issue.

 

Independent Panel Hearing: Planned 27 hectare marina at Werribee South

 

Since the early 1980s a large marina in Port Phillip at Duncan’s Road, Werribee South, just north of the mouth of the Werribee River, has been mooted. In July 2004 Victoria’s Minister for Planning ruled that an Environmental Effects Statement must be prepared under the Environmental Effects Act 1978.

 

  

 

Site of Proposed Marina at Werribee South

 

The Minister’s ruling was in response to a proposal by Wyndham Cove Marina Pty. Ltd. for a permit to build a marina at Werribee South, which would cover 27 hectares (67 acres) of the waters of Port Phillip. That area of sea and seabed would be almost fully enclosed by a high sea wall of boulders 1 kilometre long.

In addition to that impact, the developer seeks approval for a 5-storey and other associated buildings on the coast, including a restaurant, shops and service buildings, as well as a 200-dwelling residential development adjoining the marina structures and their associated car parks.

An Independent Panel was set up to evaluate the EES and a related proposed Amendment C071 to the Wyndham Planning Scheme, which would be needed for the development to be approved. Port Phillip Conservation Council Inc. made a written submission on this proposal, and also had a representative put its case at a hearing of the Independent Panel in December 2005.

Under the heading “EES is a Shameless Apologia Extolling a Fantasy and Caring Little for Existing Values”, PPCC Inc.’s submission to the Panel stressed its view that it was a complete fantasy that the imposition of such a massive industrial and commercial complex on the quiet, rural coastal atmosphere and Green Wedge ambience of the land, and the intrusion of a kilometre length of rock wall in and above the waters of Port Phillip, could have other than a massively detrimental effect on the existing environment of this coastline.

It seems sad and unrealistic to read in the EES of users of the Bay Trail from Point Cook to Werribee for walking and cycling being confronted on their entire approach with the prospect of a 5-storey building looming up, a kilometre long pile of boulders out in the Bay, and a mini-suburb to thread their way through.

 

Melways Page 209 shows Duncan’s and Beach Roads, Werribee South, marked as TOURIST ROADS. The 200 dwellings - the economic motive for this proposal - are completely inconsistent with a Green Wedge zoning they prevent from reaching the coast so it can meet there what should be left as a Blue Wedge of open sea and open sky.

 

The extravagant spin in the Environment Effects Statement begins at the artist’s drawing of a Coliseum-like structure with nearby lakes and lush green vegetation everywhere, apart from the proposed suburban enclave many kilometres from urban facilities – all of this water and lushness in Werribee’s pronounced rain shadow zone.

 

PPCC Inc. recommends that the proponent’s EES be seen as focusing almost entirely on a hypothetical replacement environment, and avoids acknowledging that the commercial and quasi-industrial complex that would be created if the scheme succeeded would utterly dominate the natural and modest coastal environment now existing, which is agreeable, restful and affordable to all.

 

The EES process unfortunately does not include comparisons with a more benign alternative scenario in which the public sector could plan and create, using existing land and further land publicly acquired, a fine coastal park that would cater to the future larger population expected on the large areas further inland, saving the coastline from the inevitably damaging residential, commercial and quasi-industrial blight faced.

 

The low, flat, basaltic western coastline of Port Phillip should have been better treated in the past, and protected by a wider foreshore reserve, but the proper response by authorities is to identify its longer term timeless values and work to preserve, protect and defend them rather than to sanction opportunistic proposals for profit likely to obliterate the possibility of conserving and restoring those values. Good examples of that approach on Port Phillip’s west coast are the Point Gellibrand Heritage Coastal Park, and the rehabilitation of the former municipal tip at Altona Meadows near the mouth of the Laverton Creek.

 

Aftermath of the Do-it-Yourself Canal and Groynes at Leopold

 

The fate of the illegal unfinished would-be marina on seafront land at Leopold, which was brought to the attention of the Department of Sustainability and Environment and Greater Geelong City Council in 2005 (see PP2005B), is slowly being resolved.

 

The DSE has told Port Phillip Conservation Council Inc. it is satisfied that the majority of the works stated in the interim enforcement order have been undertaken by the owners, except for the design and narrowing of the drainage outlet to Corio Bay to just a drainage channel. Through their consultants, the landowners are co-operating with Greater Geelong City Council and DSE.

 

Issues being dealt with include drainage management within and outside the property, quality of water retained on the property and discharged into Corio Bay, and revegetation and re-profiling of excavated areas. Both Greater Geelong City Council and the Department expect that they will soon be in a position to consider whether the respondent’s plans for remediation of the property meet their objectives, and whether agreement can be reached to carry out the remediation.

 

The Department also noted that VCAT has yet to hear and determine applications for costs, and Greater Geelong City Council’s application for an enforcement order.

 

PPCC Inc. considers that there should be a significant width of Crown land reserve between high tide and any freehold land. To make a lasting contribution to the area so wilfully damaged, a penalty imposed on the owners, D&H More, should be their being required to pay the Government much, or all, of the cost of its compulsorily acquiring sufficient land to create such a reserve, similar to those around most of the coastline of Port Phillip.

 

© 2006 Port Phillip Conservation Council Inc.

47 Bayview Crescent, BLACK ROCK VIC 3193 A0020093K Victoria

President: Len Warfe      Secretary: Jennifer Warfe

Tel: (03) 5987 1583              Fax: (03) 5987 2537